Legal Question in Personal Injury in Texas
injury
My daughter age 16 worked foe academy sports. They require that workers clock out for lunch even if they chose to use the break room . She was eating her lunch with another teen worker when a new employee came in and started to play with a hunting/filet knife left on the table by an unknown employee/manager. The new employee was asked by my daughter to not play with the knife around her. Minutes later she felt a pain on her thigh. As she got up from the table blood was running down her pants leg . She used tissue from the restroom to try to stop the bleeding and informed the manager what had happened. Instead of them calling an ambulance or seeking medical attention they required her to write a statement while stil bleeding telling her to say horseplay was involved. They did not call me . Four hours later when i found out i took her to the hospital . Now the manager has balked at my request for them to pay the bill. My daughter suffered pain, humiliation duress and was required to return to work withthe injury. I called the police and the employee was to be charged with agrr. Assault. What can i do
3 Answers from Attorneys
Re: injury
Your daughter could still file a lawsuit against Academy for being injured on the premises. Find a lawyer.
Re: injury
The reason Academy was insistent on having your daughter state that "horseplay" was involved is because horseplay is a specific defense to a workers' compensation claim. In other words, Academy was covering their behinds even while your daughter was standing there bleeding! You need a lawyer.
Re: injury
Assuming your daughter is covered by workers compensation, then she needs to file for that coverage. If there is no workers compensation, then she can try to sue her employer for the negligence of its employee. The store ought to pay her medical bill. You might want to also contact the Texas Crime Victims organization to see if you can get her bills paid by it.
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